Access dispute with next door neighbour

[Anna713]

We currently rent out my late mother in laws house. It's an end house on a row of terraced houses. The house has a passageway down the side with doors at either end which belong solely to mils house. It's crystal clear on the deeds. Mil always let the ndn have access to this passageway to get her bins out as a neighbourly courtesy. This carried on for over 20 years with no problems. There is now a new ndn of less than 12 months who is causing problems. She is complaining to the tenants that the passageway smells, it's blocked, they don't take care of the garden etc. The tenants are actually very nice and have tried to be accommodating. The garden is a bit untidy but nothing major and I can't smell anything in the passageway. The ndn was very rude to my husband the other day and I've had enough of her. Is there anything to stop me from telling her not to use the passageway if she's not happy? I can't see anything on the house deeds but of course I don't know what her solicitor discovered when she bought the house. We intend selling the house shortly anyway. I don't want to go to the expense of getting a solicitor but I quite happy for her to involve a solicitor if she wants to and I'll abide with whatever the solicitor discovers if it comes to it.

Don’t start a legal argument with a neighbour when you plan to sell

dont think that you would be able to prevent them using the alleyway for their bins - you would rather have them out front all the time?

you can say you are happy with the garden as it’s good for wildlife

I have owned a terraced house with a path between which was on my deeds. However, the neighbours have right of access and it was my responsibility to maintain the path and make sure it was clear so everyone could use it.

Go to the land registry and find the deeds to your house. Any easements (ie access rights granted to neighbours etc) should be written in this paperwork.

We have similar between two detached houses we both have right of access and a gate into the passage but it is hardly used as we have driveways on the other side. If you haven't you should be able to see the deeds on the Land Registry site and check who owns it and who has right of access.

Thank you all. The other neighbours seem to keep their bins in their front gardens with some sort of shelter/cover over them. The land registry says it is definitely owned by us and in fact she has to enter our properties back garden to access the passageway. Which is fine by us unless she's going to keep being unpleasant

not a legal eagle BUT. If you are absolutely sure that your house owns the passageway, then at most the horrible neighbour will believe they have a right of way. Right of way only addresses blockage so does your tenant actually block the passage? R.O.W says nothing about smell and unless its a public health risk, the tenant's garden is not neighbour's business either. You might politely, as a concerned landlord, ask the neighbour what rights they believe they have to use the passage and could you see the proof please as obviously as a concerned landlord, you wish to comply with the law. A "polite" attempt to resolve the issue is not a dispute. can i also suggest that as far as possible you keep the communication to written channels?

Thankyou godmum56. That's very helpful.

Beware of flagging this up in any way of you are planning to sell, because you have to fess up to any neighbour disputes on the paperwork. I am sure lots of people lie about this, but I know I had to declare all was well when I last sold 5 years ago.

You could download the deeds of next door to check there is no easement before sending a formal letter refusing use.

Thanks again, I will download the deeds of next door as well as ours. No doubt they will be useful when we come to sell anyway just to make everything crystal clear.

If our turns out that the neighbour does NOT have a legal right of way to use this passage you might want to think about stopping their access. I'm thinking about you coming to sell, and a buyer being put off by this neighbour having access they are not legally entitled to.

Agree with this. Stop access completely unless there is a right of way, which sounds unlikely.

Look into prescriptive easements too
...you've passed the acquired rights timescale ..so be cautious. A right doesn't have to be recorded to be effective.

Prescriptive easement is only valid if it is done without permission. The OP says that her Mil allowed the previous neighbour to use the passage....hopefully she has proof of this.

I don't think we have proof as such but ndn was given a key to get into our back garden via the fence gate and also to unlock the passageway door. Hopefully this denotes permission.

its definitely an argument that permission was given assuming that there is no evidence of ROW.

Is the NDN a homeowner? Sounds like one of the pathetic types who looks down on people who are renting. Ive come across those and they do need to be put in their place. Most LLs do not want to get involved in neighbour disputes. I would steer clear of any written communication then you can always claim that it was a minor "over the fence" tiff.

You could tell the NDN that so far as you are aware your tenant has done nothing to violate her lease and ask her for photographic proof of her claims that the alley is blocked. Point out that it is against the law for LLs to harass their tenants or for other people to do so. In the event of no concrete evidence you may have to take legal advice and further action.

Be aware that unless there is a formal ROW shown in the deeds or written into the lease your tenant is within her rights to refuse access to the alley to the NDN. She is paying for exclusive use of the whole of the property (not just part of the property) and is entitled to "peaceful enjoyment" which is a legal right. Even as the LL you cannot force the tenant to allow the unpleasant neighbour onto the property. The T would be within her rights to change the lock on the gate and deny access if there is no legal easement. Or she can allow access but lay down conditions. With no ROW the final say lies with the T not the LL.

I just googled this. Unless there is an easement written into the deeds the alley is private land rented by the T for her sole use. She is entitled to deny access to the NDN. The state of the alley and the garden is no business of the NDN.If I was the T I would (politely) tell the NDN to fuck off and mind her own business. I would change the lock on the gate as well.

This issue could cause difficulties with your future sale if not sorted out.
It’s probably best to get it resolved as soon as possible, so that any potential legal battle will be over with by the time you come to sell.
Properties with such easements will inevitably put some buyers off, but an active dispute will deter a lot more.

I would not proactively put anything in writing, given you want to sell. I would down!oad both sets of deeds and if there is nothing in them about a right of way I would lock the garden gate with a new padlock and the side access. Any approaches to the tenant should be met with a shrug and tell them to contact you. I'd probably ignore the neighbours calls and hope she doesn't write to you, then there is no dispute..

I’d say be very very nice to the mean neighbour if you’re planning to sell the house soon. You don’t want her to become an enemy when there are viewings etc

The new owner can deal with her, don’t escalate the conflict if you don’t even live there

Thanks all. Does a text count as a letter. ? The ndn usually contacts us via text.

The state of the alley and the garden could be the NDN’s business if she has the right of access though. Not the smell but if she has the right of access then it has to be safe and clear for her to be able to use it.

Since text messages can be used in court, I'd screenshot any messages from NDN and print these.
Also, do you have any way of confirming when your MIL started allowing NDN access? Perhaps a text/email to your DH?